International Students Can Apply for Immigrant Visa, Work for Startups During OPT

The US Citizenship and Immigration Services (USCIS) has announced major policy changes for F visas. The F-1 visa holders can, for the first time, directly apply for immigrant visas under the Employment-Based (EB) category.

The agency has also issued policy guidance for M visa holders, effective immediately, and applies to all applications filed on or after 20th December 2023. 

“USCIS expects this (policy guidance) will provide welcome clarity to international students and US educational institutions on a wealth of topics, including eligibility requirements, school transfers, practical training, and on- and off-campus employment,” the government body said in a statement. 

What Has Exactly Changed

F and M visa holders can now directly apply for permanent residency via green cards in the US but will need to show their intention to return to their home country after their temporary stay. For this, the students will need to maintain their foreign residence as well. 

“The guidance clarifies that F and M students must have a foreign residence that they do not intend to abandon but that such students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay,” the official document stated. 

Future of F-1 STEM Students

F-1 students pursuing STEM (Science, Technology, Engineering, and Mathematics) courses can extend their optional practical training (OPT) under this new policy by pursuing employment opportunities with start-ups. However, these companies should comply with the necessary requirements as stated by the policy, such as following the laid-out training plans, maintaining good standing with E-verify, and providing comparable compensation as US workers. Though this improves job prospects, graduates and their employers need to be cautious and ensure that they adhere to the policy. 

Amid the many changes announced in the updated policy, basic eligibility for F and M visas and general employment rules remain the same.